This section contains the nature of the case and procedural background.

Escobedo's (D) brother-in-law was shot and killed. A few hours later, D was taken into police custody for questioning. He retained a lawyer and was released on a writ of habeas corpus. Eleven days later, DiGerlando, also in police custody, claimed that D fired the shots. The police picked up D again. D's attorney came to the police station and tried to speak with D. While in custody, D made numerous attempts to speak with his attorney, with no success. Instead of arranging a meeting between D and his attorney, police arranged a meeting between D and DiGerlando. Shortly thereafter, D made incriminating statements indicating that he was at the scene of the killing. He later made more damaging statements, and ultimately signed a statement prepared by an assistant prosecutor. D was convicted of murder. The Illinois Supreme Court affirmed. D appealed.

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